PENDAKWARAYA VIJENDRAN A/L BALAKRISHNAN

PENDAKWARAYA VIJENDRAN A/L BALAKRISHNAN

Court found prosecution proved identity and chain of custody of drugs and proved direct possession by Vijendran a/l Balakrishnan through DNA on personal items, presence of his belongings in the room containing exposed drugs, access via keys/cards and surrounding circumstances; no credible evidence established...

Source-derived case information.

Citation
PA-45A-66-10/2018 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Accused: Vijendran a/l Balakrishnan; Co Accused: Jayakumar a/l Kanna
Court
High Court
Jurisdiction
Malaysia
Judgment Date
31 December 2021
Case Number
PA-45A-66-10/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal / Trial Judgment (post Prosecution)
Outcome
Vijendran a/l Balakrishnan convicted and sentenced to death; Jayakumar a/l Kanna acquitted and discharged; original joint charge amended to a sole charge against Vijendran
Legal Topics
Possession of Drugs, Trafficking Presumption, Chain of Custody, Joint Possession, Burden of Proof, Common Intention (s34)
Criminal Law Narcotics Law Evidence Law Possession of Drugs Trafficking Presumption Chain of Custody Joint Possession Burden of Proof +1 more

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Summary, issues, holding and outcome

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Parties

Pendakwa Raya

Prosecutor

Vijendran a/l Balakrishnan

Accused

Jayakumar a/l Kanna

Co Accused

Procedural Posture

Criminal / Trial Judgment (post Prosecution)

Legal Issues

  1. 1 Whether the accused had possession, custody or control of the drugs found in the premises
  2. 2 Whether possession was exclusive or joint and whether knowledge of the drugs was proved
  3. 3 Whether the presumption of trafficking under s37(da)(iiia) applied

Ratio Decidendi

Court found prosecution proved identity and chain of custody of drugs and proved direct possession by Vijendran a/l Balakrishnan through DNA on personal items, presence of his belongings in the room containing exposed drugs, access via keys/cards and surrounding circumstances; no credible evidence established existence or access of the alleged third party 'Ah Ee' sufficient to raise reasonable doubt; Jayakumar a/l Kanna was not proven to possess the drugs; common intention under s34 was not proved; quantity met statutory threshold invoking presumption of trafficking against Vijendran; no mitigation under s39B(2A) was proven; result: Vijendran convicted under s39B(1) and sentenced to death...

Court Disposition

Vijendran a/l Balakrishnan convicted and sentenced to death; Jayakumar a/l Kanna acquitted and discharged; original joint charge amended to a sole charge against Vijendran

Orders

  • Vijendran a/l Balakrishnan convicted under Section 39B(1) of the Dangerous Drugs Act 1952 and sentenced to death pursuant to Section 39B(2) DDA
  • Jayakumar a/l Kanna acquitted and discharged from the charge